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Arbitration
Challenging Arbitration Awards under the Federal Arbitration Act — Part II
October 12, 2018
This is Part II of this two-part Arbitration Law FAQ Guide, which is designed to provide individuals and businesses with a brief and broad overview of challenging awards under the Federal Arbitration Act. Part I (here) addressed eight FAQs concerning this topic. This Part II addresses six more. These FAQs, like the first eight, assume that a party is seeking to challenge a Federal-Arbitration-Act-governed arbitration award in a federal court having subject matter jurisdiction, personal jurisdiction,...
October 12, 2018
This is Part II of this two-part Arbitration Law FAQ Guide, which is designed to provide individuals and businesses with a brief and broad overview of challenging awards under the Federal Arbitration Act. Part I (here) addressed eight FAQs concerning this topic. This Part II addresses six more. These FAQs, like the first eight, assume that a party is seeking to challenge a Federal-Arbitration-Act-governed arbitration award in a federal court having subject matter jurisdiction, personal jurisdiction,...
Substantive Unfairness & Unconscionability
October 11, 2018
Hao Jiang (City University of Hong Kong School of Law; Tulane Law School) has posted Substantive Unfairness as Unconscionable on SSRN. Here is the abstract: Contrary to the conventional view that the doctrine of unconscionability requires procedural defects and is based on bargaining inequality, this paper argues that, in principle, substantive unconscionability alone shall be sufficient to constitute unconscionability and so vitiate a contract. It is also my contention that Aristotelian idea...
October 11, 2018
Hao Jiang (City University of Hong Kong School of Law; Tulane Law School) has posted Substantive Unfairness as Unconscionable on SSRN. Here is the abstract: Contrary to the conventional view that the doctrine of unconscionability requires procedural defects and is based on bargaining inequality, this paper argues that, in principle, substantive unconscionability alone shall be sufficient to constitute unconscionability and so vitiate a contract. It is also my contention that Aristotelian idea...
Circuit Split Widens Over Securities Broker-Dealer Attempts to Avoid FINRA Arbitration
October 11, 2018
The United States Court of Appeals for the Third Circuit has widened a circuit split regarding whether a securities brokerage may deny clients access to the Financial Industry Regulatory Authority (“FINRA”) arbitral forum using a forum-selection clause. In Reading Health System v. Bear Stearns & Co., No. 16-4234 (3d. Cir. August 7, 2018), a Pennsylvania-based not-for-profit healthcare system, Reading, issued over $500 million in capital campaign debt using auction rate...
October 11, 2018
The United States Court of Appeals for the Third Circuit has widened a circuit split regarding whether a securities brokerage may deny clients access to the Financial Industry Regulatory Authority (“FINRA”) arbitral forum using a forum-selection clause. In Reading Health System v. Bear Stearns & Co., No. 16-4234 (3d. Cir. August 7, 2018), a Pennsylvania-based not-for-profit healthcare system, Reading, issued over $500 million in capital campaign debt using auction rate...
Challenging Arbitration Awards under the Federal Arbitration Act
October 10, 2018
This two-part Arbitration Law FAQ guide is designed to provide individuals and businesses with a basic overview of what the Federal Arbitration Act has to say about challenging arbitration awards in court. This is Part I and Part II is here. It assumes that the award is governed by the Federal Arbitration Act; the challenge is made in a federal district court having subject matter and personal jurisdiction; and venue is proper. This guide is not legal advice or a substitute for legal advice....
October 10, 2018
This two-part Arbitration Law FAQ guide is designed to provide individuals and businesses with a basic overview of what the Federal Arbitration Act has to say about challenging arbitration awards in court. This is Part I and Part II is here. It assumes that the award is governed by the Federal Arbitration Act; the challenge is made in a federal district court having subject matter and personal jurisdiction; and venue is proper. This guide is not legal advice or a substitute for legal advice....
Hasday on New Forms of Arbitration
October 9, 2018
Michael Hasday (Anderson & Ochs, LLP) has posted Running it Twice (or Thrice): Double-Header, Triple-Header, and Reverse Baseball Arbitration (52 U. Mich. J. L. Reform Caveat 1 (2018)) on SSRN. Here is the abstract: This Essay illustrates how the “Running It Twice” concept that makes poker games less of a gamble can also be used in another forum where large amounts of money can be at stake: arbitrations. I introduce three new forms of arbitration based on this concept: Double-Header...
October 9, 2018
Michael Hasday (Anderson & Ochs, LLP) has posted Running it Twice (or Thrice): Double-Header, Triple-Header, and Reverse Baseball Arbitration (52 U. Mich. J. L. Reform Caveat 1 (2018)) on SSRN. Here is the abstract: This Essay illustrates how the “Running It Twice” concept that makes poker games less of a gamble can also be used in another forum where large amounts of money can be at stake: arbitrations. I introduce three new forms of arbitration based on this concept: Double-Header...
Arbitration Nation: Data from Four Providers
October 9, 2018
Andrea Chandrasekher, Professor of Law at the University of California, Davis, School of Law, and David Horton, Professor of Law and Chancellor’s Fellow at the University of California, Davis, School of Law, have published “Arbitration Nation: Data from Four Providers,” California Law Review, Vol. 107 (forthcoming 2019). In their research paper, the authors examine the results of an empirical study of more than 40,000 arbitration cases that were filed with four major arbitration...
October 9, 2018
Andrea Chandrasekher, Professor of Law at the University of California, Davis, School of Law, and David Horton, Professor of Law and Chancellor’s Fellow at the University of California, Davis, School of Law, have published “Arbitration Nation: Data from Four Providers,” California Law Review, Vol. 107 (forthcoming 2019). In their research paper, the authors examine the results of an empirical study of more than 40,000 arbitration cases that were filed with four major arbitration...
Bartleby, the Arbitrator
October 8, 2018
Griggs was ordered to arbitrate his dispute with Stream Energy. Griggs refused to do so. When asked by the district court for a status report, in an echo of Bartleby the Scrivener’s famous “I would prefer not to,” Griggs responded in relevant part: “Griggs anticipated that this Court would have already dismiss[ed] this case for want of prosecution because this Court left him only an arbitration which he has not pursued. So, Griggs states the following for the Court’s consideration: 1....
October 8, 2018
Griggs was ordered to arbitrate his dispute with Stream Energy. Griggs refused to do so. When asked by the district court for a status report, in an echo of Bartleby the Scrivener’s famous “I would prefer not to,” Griggs responded in relevant part: “Griggs anticipated that this Court would have already dismiss[ed] this case for want of prosecution because this Court left him only an arbitration which he has not pursued. So, Griggs states the following for the Court’s consideration: 1....
Argument Analysis: Justices Dubious About Enforcing Arbitration Agreements for Transportation Workers
October 8, 2018
The argument this morning in New Prime Inc. v. Oliveira displayed something that probably hasn’t been seen this century: a Supreme Court bench predominantly dubious about the enforceability of an arbitration agreement. The issue in the case is a technical one, though it has considerable practical importance: whether the Federal Arbitration Act’s requirement that courts enforce arbitration agreements applies to independent contractors working in transportation industries (think truckers,...
October 8, 2018
The argument this morning in New Prime Inc. v. Oliveira displayed something that probably hasn’t been seen this century: a Supreme Court bench predominantly dubious about the enforceability of an arbitration agreement. The issue in the case is a technical one, though it has considerable practical importance: whether the Federal Arbitration Act’s requirement that courts enforce arbitration agreements applies to independent contractors working in transportation industries (think truckers,...
Arbitration Law FAQs: Confirming Arbitration Awards under the Federal Arbitration Act
October 5, 2018
The Federal Arbitration Act, and most or all state arbitration statutes, provide for enforcement of arbitration awards through a procedure by which a party may request a court to enter judgment on the award, that is to “confirm” it. Once an award has been reduced to judgment, it can be enforced to the same extent as any other judgment. See, e.g., 9 U.S.C. § 13 (Under Federal Arbitration Act, judgment on award “shall have the same force and effect, in all respects, as, and be subject to all the provisions...
October 5, 2018
The Federal Arbitration Act, and most or all state arbitration statutes, provide for enforcement of arbitration awards through a procedure by which a party may request a court to enter judgment on the award, that is to “confirm” it. Once an award has been reduced to judgment, it can be enforced to the same extent as any other judgment. See, e.g., 9 U.S.C. § 13 (Under Federal Arbitration Act, judgment on award “shall have the same force and effect, in all respects, as, and be subject to all the provisions...
Advance Waivers of Conflicts of Interest – Changing the Dimensions of Arbitrator Challenges
October 4, 2018
Arbitrator neutrality remains an imperative prerequisite in international commercial arbitration. After all, the primary...
October 4, 2018
Arbitrator neutrality remains an imperative prerequisite in international commercial arbitration. After all, the primary...
